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Military discharge

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A military discharge is given when a member of the armed forces is released from his or her obligation to serve.

Contents

[edit] Military discharge in the United States

The Department of Defense technically refers to a military discharge as separation. There are two basic types of separation, administrative separations and punitive separations. Punitive separations occur as part of punishment for a crime, while all other types of discharges are considered administrative.

[edit] Reasons For Discharge

Under almost all conditions, whenever and however a member of the armed forces leaves the military, he or she receives a discharge. Some of the reasons for receiving a discharge are as follows:

· Expiration of enlistment

· Disability, dependency, or hardship

· Fulfillment of service obligation

· Convenience of the government

· Unsuitability

If discharged for any of the above reasons, the servicemember will receive an honorable or a general discharge.

[edit] Types of discharge

[edit] Honorable

To receive an honorable discharge, a servicemember must have received a rating from good to excellent for his or her service. Servicemembers who meet or exceed the required standards of duty performance and personal conduct, and who complete their tours of duty, receive honorable discharges. Some servicemembers who ordinarily would only qualify for other discharges (for example, as a result of past misconduct) may receive honorable discharges under two circumstances: separation because of a disability incurred in the line of duty, and the receipt of awards for gallantry in action, heroism, or other meritorious service.

[edit] General (Under Honorable Conditions)

General discharges are given to servicemembers whose performance is satisfactory but not up to the standards of a honorable discharge. This is usually given to those who must leave the service for nonmedical reasons before the end of their tour of duty, or for servicemembers who have had frequent nonjudicial punishments but not serious infractions. If there are infractions of discipline, the seriousness and frequency are evaluated, with the benefit of the doubt going to a honorable discharge. The reasons for a general discharge must be disclosed to the servicemember.

Servicemembers are required to sign documents acknowledging that "substantial prejudice in civilian life" may be encountered under a general discharge under honorable conditions. [1] Despite this, some personnel think because a general discharge is given under honorable conditions, it is as good as the honorable discharge itself. However, general discharge under honorable conditions precludes participation in the GI Bill, service on veteran's commissions, and other programs where honorable discharge is required.

[edit] Other than honorable discharge (OTH)

These are administrative separations given to those who are separated for misconduct, fraudulent entry, homosexual conduct, or in lieu of trial by court-martial. It is given to servicemembers who have a pattern of behavior that constitutes a significant departure from military norms, or serious acts or omissions that depart from military norms. Although there is no court martial, a discharged servicemember is allowed the right to appeal to an administrative discharge board. The majority of veterans' benefits are not available to individuals with other than honorable discharges.

[edit] Bad Conduct (BCD)

Bad conduct discharges are given to servicemembers after a general or special court-martial. Vested benefits from a prior period of honorable service are not forfeited by receipt of a bad conduct discharge, but virtually all other benefits are lost.

[edit] Dishonorable

Dishonorable discharges are given to servicemembers for dishonorable conduct. They are given only by a general court-martial for serious offenses calling for dishonorable separation as part of the punishment. All benefits earned during any time of service can be lost.

[edit] Entry level separation (ELS)

Entry level separation, or uncharacterized discharge, is given to individuals in their first 180 days of military service. It does not attempt to characterize their service as good or bad; however, punitive and/or administrative discharges may be given to servicemembers within their first 180 days for serious misconduct.

[edit] Commissioned officers

Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial of an offense and qualifies for a punitive discharge, then the General Court-Martial can sentence the officer to a "dismissal." This is considered to be the same as a dishonorable discharge. The President of the United States can order that a commissioned officer be dismissed from the service, as all commissioned officers "serve at the pleasure of the President." However an officer who is dismissed by order of the President can demand a trial by court-martial to clear his or her name. If a court-martial is not convened, or if the officer is acquitted, then the Service Secretary of the branch that the officer is assigned to must then issue an administrative discharge in lieu of a dismissal.

[edit] Appeal procedures

After a discharge, the service member (or his next-of-kin, if deceased) can appeal the type of discharge that was given. Most of these requests are not approved [2], and then only if the service member can prove he or she was unfairly denied an honorable characterization.

Any punitive discharge that is adjudged by a Court-Martial is automatically reviewed by a military appellate court for each respective branch. These are the Army Court of Criminal Appeals, Air Force Court of Criminal Appeals, Navy-Marine Corps Court of Criminal Appeals [3], and the Coast Guard Court of Criminal Appeals. These courts are staffed by appellate military judges and function as an intermediate appellate court and have the power to review de novo both any questions of legal error and the factual basis of the conviction. If either the government or the accused is unsatisfied with the results of this appeal, the conviction or the sentence can be appealed to the Court of Appeals for the Armed Forces. This court has the power of discretionary review, in that it can in some cases deny a petition to grant a review. This court however must hear any death penalty cases or cases certified by the Judge Advocate General of each respective service for appellate review. Litigants before the Court of Appeals for the Armed Forces can appeal to the United States Supreme Court. However, this right only applies to any case that the Court of Appeals for the Armed Forces has reviewed. Therefore, in most military justices cases, the Court of Appeals for the Armed Forces is the court of last resort since a denial of a petition of review by that court will prevent any higher appeal.

Service members who are given a punitive discharge and have completed any adjudged confinement are normally placed on appellate leave pending final review of their case by the appellate courts. This includes members who plead guilty at their court-martial since all cases are automatically reviewed. The member is considered to be on active duty and is subject to the Uniform Code of Military Justice while on appellate leave. While the member is entitled to full health care benefits and other privileges of being on active duty, the member receives no pay or allowances and is not required to perform any military duties.

A service member who was adjudged a punitive discharge at a court martial and then dies before the appellate review process is complete is considered to have died on active duty under honorable conditions. Their next-of-kin is then entitled to any rights and benefits that any other service member's family would be entitled.

[edit] Military Discharge Certificate

Every service member who is discharged, or released from active duty, is issued a DD 214, a military discharge certificate. A reservist who is called up to active duty is given a DD 214 when they are deactivated and returned to the reserves. Most who join the military are honorably discharged after less than eight years of service are issued a DD 214 and then usually transferred to the Individual Ready Reserve. These members are subject to being recalled to active duty but do not otherwise have any military duties and are distinguised from a drilling reservist.

A DD 214 specifies the time that the member served on active duty, lists any major awards or medals, and lists the characterization of discharge. This characterization will be honorable, general, other than honorable, entry level separation or ELS, bad conduct, dishonorable, or dismissal.

[edit] Re-enlistment Eligibility Code

Another important aspect is the RE (Re-enlistment Eligibility) Code. This specifies under what conditions the member can reenlist in the armed forces. A RE-1 or RE-1A means the member is eligible for reenlistement. A RE-2 or RE-3 series code means the member is generally not eligible for reenlistement because of one or more disqualifying factors. Depending on the factors, these sometimes can be waived and the member reenlisted. An RE-4 code means the member is ineligible for reenlistment because of some form of misconduct due to significant unsatisfactory performance evaluations. The RE-4 Code is also given to a service member who has been diagnosed with a mental or physical impairment that do not meet the requirements of a medical discharge (disability) but however still greatly impact the service members ability to work within their military branch or assignment and must be discharged from the service to better the mission. These medical conditions can range from sleepwalking and bedwetting, all the way to bad shoulders and personality disorders. Only a Service Secretary can issue a waiver for someone who receives an RE-4.

The Department of Veterans Affairs uses different criteria than the Departments of the Air Force, Army and Navy when establishing veteran status. VA benefits can sometimes be enjoyed if the discharge is deemed "Other Than Dishonorable". An example of this would be the VA's home loan program. [4]

[edit] Trivia

  • Walt Disney is sometimes said to have received a dishonorable discharge, which he proudly displayed above his desk, and as a result, the Walt Disney Company has a standing policy to not deny employment to anyone who has received a dishonorable discharge. While these stories are colorful, in fact, Disney never actually served in the military (although he did volunteer as an ambulance driver during World War I with the Red Cross). The discharge rumor is believed to have stemmed from an incident in which he was brought before a board of inquiry after leaving a disabled truck he was responsible for in order to search for food and water. The board found that Disney had taken appropriate steps to safeguard the vehicle, and therefore did not discipline him further.
  • Bad conduct discharges are sometimes mockingly referred to as big chicken dinners. Dishonorable discharges are similarly known as duck dinners.
  • Before recent changes, the maximum sentence at a Special Court Martial was known as six, six, and a kick. This referred to a term of confinement for six months, forfeiture of 2/3 pay per month for 6 months, and a bad conduct discharge. Recently the maximum sentence was changed to 1 year of confinement and forfeiture of 2/3 pay per month for 1 year. The term for the maximum sentence is now one, one, and done.
  • Discharges occurring at the end of a term of service are almost never referred to as "administrative separations." In normal military parlance, an "administrative separation" is when an individual is being involuntarily released from service, either for misconduct or medical disability.
  • British officers convicted at a Court-Martial can be dismissed. Especially serious offenders are dismissed in disgrace and are prohibited from ever serving Her Majesty in any capacity ever again. This includes service as a policeman, postman, attorney, or any other position either in the civil service or requiring an official appointment.

[edit] Bibliography

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